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Constitutional Law Criminal Law

Nassau Bill to Add 1st Responders as “Protected Class” is a Bad, Bad Idea

Tomorrow at the Nassau County Legislature, legislators will be debating an expansion of the County Human Rights Law. Now it took decades to get them to add Sexual Orientation to the list of protected classes so maybe they were finally getting around to adding Transgender as a protected class? Nope. Instead, four Democrats ae spearheading a […]

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Constitutional Law

Cosby Reversal Not a Vindication for Him

Online commentators and graduates of Twitter law school are screaming that the Pennsylvania Supreme Court’s overturning of the sexual assault conviction of Bill Cosby is a blow to the #MeToo movement and an insult to the women who came forward to testify and accuse him. While it certainly must be seen by those women as […]

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Constitutional Law

SCOTUS Gives Students Big Win in 1st Am. Case

The Supreme Court ruled in favor of a former high school cheerleader who argued that she should not be punished by her public school for posting a profanity-laced caption on Snapchat when she was off school grounds. The case involving a Pennsylvania teenager was closely watched to see how the court would balance the free speech rights […]

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Constitutional Law Criminal Law

SCOTUS Decision on Juveniles is Harsh and Wrong on Many Levels

Where to begin with a discussion on SCOTUS’ 6-3 decision in Jones v. Mississippi that effectively reinstated Juvenile Life Without Parole (JLWOP or LWOP hereafter)? Do I point out that its author Brett Kavanaugh wept crocodile tears before Congress about how mean they were to hold him accountable for actions and indiscretions he did as […]

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Constitutional Law Criminal Law

Quirky Minn. Law Comes Back to Bite Officer Chauvin’s Defense

It’s an old legal adage and one of my favorites in law that “Bad Cases Make Bad Law.” While the phrase has been interpreted a variety of ways for me its meant that cases that arise out of extreme examples or unique situations often end up creating a law either from judicial decisions or by […]

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Constitutional Law Employment Law

SCOTUS dissent is message to reverse Church/State law

The Supreme Court deciding not to hear a case is a regular occurrence. Getting SCOTUS to hear a case is exceedingly hard, and as Chief Justice, John Roberts has shrunk the Court docket to 1960s numbers. But what seems like a quiet little denial of certiorari yesterday is actually a not-so-cryptic message from the right […]

Categories
Constitutional Law Wrongful Convictions

NYC Bill Limiting Qualified Immunity Is a Big Deal

New York City’s council has passed legislation that would effectively end qualified immunity for police officers in cases of excessive force and unreasonable searches, making it easier for people to sue individual officers. So-called “qualified immunity” policies shield on-duty officers from being held personally accountable in civil rights lawsuits if their conduct does not violate […]

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Constitutional Law

Dustin Higgs’ Execution Was Wrong and What Sotomayor Had to Say About it is Right.

The Supreme Court allowed the execution of  Dustin Higgs late Friday, making Higgs the thirteenth person to be killed by the federal government since July. Since July. And after seventeen years without a single federal execution. Higgs’ execution was a miscarriage of justice for a number of issues. First of all, he was suffering from covid-19 […]

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Constitutional Law

SCOTUS Dodges Issue of Removing Undocumented Immigrants from Census

The Supreme Court has dismissed as premature a challenge to President Trump’s plan to exclude people living in the country without legal documents from the Census’ population count, used to allot states seats in the House of Representatives. The six conservative judges on the Court said that until action is actually taken and people are […]